Calcutta High Court (Appellete Side)
Pinaki Roy & Anr vs Arambag Municipality & Ors on 16 July, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
1 12 16.07. W.P. 25330 (W) of 2018 ns 2019 Pinaki Roy & Anr.
Vs. Arambag Municipality & Ors.
Mr. Fazlul Haque .... For the petitioners. Mr. Suddhadeb Adak ..... for the Municipality.
Re: CAN 2131 of 2019 This is an application at the behest of the municipality seeking recalling of the order dated February 1, 2019.
By the order dated February 1, 2019, the municipal authorities and public works department were directed to remove unauthorised construction from the land of the petitioner.
According to the municipality, the petitioner allowed the construction on the land of the petitioner. Learned Advocate appearing for the municipality refers to Section 191 of the West Bengal Municipal Act, 1993.
There is no document of title in favour of the municipality. It cannot be accepted that, the municipality can construct over a private land without acquiring any 2 right, title and interest over the land of the private parties. In the present case, the municipality does not claim any right, title and interest over the land belonging to the petitioner. The application is bereft of any material particulars with regard to whether, the street in question is a private street, otherwise. No case under Section 191 is made out in the application.
In such circumstances, I find no reason to recall the order dated February 1, 2019.
CAN 2131 of 2019 is dismissed.
No order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
( Debangsu Basak, J. )